The Sun. — London, England, 1809-11-20 00:00:00

DUBLIN, Nov. 16. On the night 6( Thursday, the gth instant, a party of desperate villains turgiariously entered. the house of Mr. Alexander M'Culloch, of Brekart, in the neighbourhood of Toame Bridge, and in the most narbarous and inhuman manner murdered the Said Alexander M'Culloch, and robbed his house of cash and notes, the amount of which cannot be as certained,. also of a grew deal of wearing apparel, blankets, and even the children's clothes. What adds to the infamy of this abominable crime is, that the unfeeling wretches stabbed, cut, mangled, and abused three of his sons in a manner too shocking to relate ; the life of the eldest, a very fine lad of about sixteen years of age, is despaired of, haVing' no less . than thirty-two bayonet wounds in ditVrent parts of his body. Such crimes are a disgrace to the land we live in, and call aloud for the active inter-) ferenee of every goad man and friend to society.— The deceased was an honest, industrious, and well disposed man, and never was known to distress, or .even to sue the poor, a number of whom were in debt.—(Bef. N. Letter. The following letter from the capital of Austria, ,Supplies us with some interesting remarks on the State of the armies in the neighbourhood of the Da tube, and with otherphservations on the late humi liating Treaty to which FRANCIS has so recently -tondewended to affix his Imperial signature 1— " VIENNA, OCT. 21.7-There are a great many troops quartered in the city, but, undoubtedly more :have taken their departure, and a greater part of them ,believed, that in their return to France they were 'destined to march to Spain. It is said that the Oth ters of mauy regitnents received instruCtious that they would not he permitted to stay more than a few hours in Paris, and some of the troops were npt even to be allowed to go through, the capita/. " Thinking, thiscity contemplate th.: late :treaty as the d - , structiOn of Austria, and the ruin of her 11( nIsel not sr, niucts, trom what a;•pe . ars on the faCr..Of of it, a, becau,e it is knotvn that there are articles which it was.nut deemed prudent to disclose to pub lic Observation, far more severe than the regulations Which have already appeared. Yesterday, the ratifications of the Treaty were exchanged between the Ministers of 'the High Con ;meting Parties, but it is ituposSib,e tor us to a‘cer liiin w h at secret stipulations may have been entered Into. It is very gener.iily believed, howiover, that the Enzpei or is w pay within the short period Of two years an rturnen4e :sum; but the amount is not aimed. • " There are,persans who are satisfied with the 7eace, bec.iuse'they see it puts an end to The'ra'vages of - Wat, and they a're contented to obtain repose at the expence of every thing whiCh is dear and ho . - nourable. How tar`they consult the real interests iartheir cduntry ni this view of the Treaty will re 'main tobeprOveir; but unles Austria be "overawed- Surrounding armies of great force iii 134vania, Sakony, and Poland, Mich a Treaty 'can never he' lasting. " The French have a great . - number of . sick at Lintz, but the number is not to, deemed.consi -thimble, if t oibpared with the large armies from Which they are taken. Troops are daily Marching tom this city on their way to France, and ihtse Movements prom - tie a ;Writ very di . ,tant prospect of Laving Vienna completely freed froth the French Seine part o f the armies h.as marched- to the east, as ;it.it,imagiried, to assist the Russiatis in their war against the Turks, but according to late accounts received from Ivioldasvis, - they Will want but little aid to reduce the Porte to hutriniating term's, if not entirely to annihiLite its power. . 14 Among the secret terms , of the Treaty, 4 e are told by some, that there is a stipulation that the Emperor shall only maintain . a 'standingforce-of be tween 40 and- 60,000 nieti F . The Loire frigate on Friday received order's to take the troops which had arrived at Portsmouth from Guernsey the preceding dal, under convoy to Bar ladoes, and sail the moment the wind is fair. The - 11epu/se and - Victorious ships of the line will sail at tie same time for the Mediterrartein. A new regulation has just taken place vt r ith re spect toCommanders of prison ships ; those ships are in future to be cot manded by Lieutenants, who will receive their appointments from the Transport BOard, and, coming thrOugh such channel, they do tot authorise them to punish any military person That may be on board the ships 'which they corn : . Ingnd. This regulation will prevet4 any niisundef-, standing (similar to that which • latelc, occurre . d. oft Plymouth) as to the authority of the COM 'lCllanders of prison ships to inflict punishment on th e militia who may be doing duty on board their . ships. • Captain HALLIDAY is appointed to the 'Repulse, in the room of the Hon. Captain LEGGE, who, we are sorry to-state, is very ill, from the effects of a fever; which he caught at Flushing. . The yellow lever has renewed its -ravages in the the United States. A Proclamation has been issued by the Mayor of New York, prohibiting all inter course with Brooklyn, in consequence of its being visited by this calamity. This morning, between nine and ten o'clock, an alarming fire broke out in a work-Ai) in George street, Oxford-road, belonging to - Mr. Gillows, the Cabinet-maker. •By the exertions of the neighbours, and, the timely assistance of the firemen, it was got., under, after having destroyed a great deal of furniture. We have the pleasure. of learning, that out of:. 1000 sick who have been landed from Flushing, and , conveyed to different Barracks - and Military Hobpi tals in the Eastern distri6t, all, excepting 200, are in a state of convalescence. A waterman at Deptford, 'aged 74 years, on Fri ay attempted to drown himself in consequence of the parish officers inquiring for him on the charge of a.girl ofl7, With being the cause of her pregnancy. ,A,sailing;boat was on Friday ran down by a brig in Litnehouse Reach, and the two mon who were in it would hare perished but for the exertions of a Newfoundland dog o❑ board. One of them had Itunk, when the dog, after diving for him several times, brought him to the surface, when ,be wag picked up. A Jew pedlar, of the name of Isaac Freedman, has been committed to Norwich gaol, on suspicion of uttering flair ions notes cfrawn upon a firm at Luten, in Bedfurdshire; and made payable in Lou4v. LAIV REPORT. COURT OVKING'S BENCH; WEsTmtNsTErt.Nov. WRIGHT V. WAUDLE; This was the day appointed for the Plaintiff to shew cause against the Rule obtained by the Defen dant for-a new trial. Mr. ATTORNEY-GENERAL. ---" 'My Lord, from the great length of the Defendant's and . his %,it- Desses, affidavits, of which we have found it impos sible to procure copies, and to prepare answers to .them, in the usual time, I shodd wish it would not now be pressed on. I was in hopes I would have received the answers in the course of the morning,. for which reason I deferred - my ,right of moving.--, I don't suppose that„the Learned Counsel for - the Defendant can have any objection to its stanuittg overfor a day.". Mr. PARK entered into some conversation with the Defendant's Solicitor. Mr. ATifORNZY-GENERAL.-" I did not ask this accommodation, wickr an idea that the grant- . ing of it would be considered at a favour, and see ing that my Learned Friend, Mr. Park, appears .to have some doubts of its propriety, I am ready now to .go ou, in tile absence of my Client's affi- . davits." • Mr. PARK..---" My Lords, I should wish that Mr. Attorney-General, would not be so quick in drawing his conclusions, or 'at. least that he would allow me to deliver my 'sentiments, before he de cided upon ihem. The Solicitor was informing me that Mr. Serjeant Best, was then engaged in the Court of Common Pleas, and could not, at that mo ment, attend, which w?is .far from obje&ing to the Learned Attorney-G,.neral's request." Lord ELLENBOROUGH.—" It appears that it ought to be postponed for your mutual accommo dation." Mr. ATTORNhY•GENERAL. I was aware that the Learned Serjeant was engaged in another place before I t - itade the request." Mr. Serjeant BEST at this moment came into Court, and expres , ,kl his wish that their Lordships would inform him now the case had been disposed 4-:-Lord ELLENBOROUGH retapittilated to him what had takcn place. Mr. Serjeaut BiST— , —" My Lord, I cannot con sent to it' being postponed for a day without its, being pu't off till next term." Afr:.:iTTotINEY-GENERAL.. -- " Sooner than con sent to this, I am willing to proceed now." Loa' ELLENtoßouort. , -'-." . - . I cannot see what ob jrAion can reasonably be made ~-to the indulgence 'asked by Mr. Attorney-General ; it appears to me reasonable. He states, he is not In possesSion of the Plaintiff's. affidavits. It is an. accommoda tion that is given every day by the Gentlemen at the Bat to one another; and, Brother Best, von ought to recoilea that it was postponed before you 'came into court, tor. mutual 'accommodation; settle it 'aniongst yourselves on what day. it shaWcome . on _in this tern), we will hear.it any day alter the Mo tion-s. It will not be necessary to. give us any inti mation beforehand 'of the 'time. ,It was according ly postponed. MAYOR OF POOL. Mr. Serjeant Lit Moved for • a rule to spew 'cause why a /Ildittlighiui,. by the way of a writ of Quo tgarrafitb, trot - issue, directed 'to Mr. Strong, requiring HIM to sinew by what authbrity he executed the Office of Mayor of Pool: He moved this, on the oath of Mr. Carter and 'others, BOrgeiso of Pool. • It .appeored, that the Mayor and Aldermen had ghTen to tfterr selves a right of appointin g three Can dida-tes for the Office of Mayor, onee - Out of which three to be eleEted' by the Burghers, although there was no such provision ih the charter; neither was thje any . mention made of the title of Alderman, although those that had served the Office of Mayor assumed it. On the 15th of ,September laSt the election came on the Mayor and Aldertten ap pointed Mr. Strong and two other persons as can didates, and Mr. Strong was elected olat_of the three so appointed ) and i‘ . thrn in, although .the Burghers had set up a Mr. John Garland, without his being appointed by the Mayor; and the self-made Alder:- men, and be hart a large Majority of votes over . Mr. Strong.--aule granted; At o'clock th 6 Court sat at Nisi Prius; be fore Lord ELLgNBOROUGH and a Special Jury. SEDUCTION. tATCHELLOR V. MOIitAUNT. This. was an action to recover nineteen gu i neas from the defendant, a widow, for the board of a yolpg 'Woinari; who had been seduced by• :the de fendant's son. Mr. G.timatv Stated, that fhiS action, be was , . _happy to find, Undefended, as it would save him the pain of making observations, which would be distressing for him to utter, and for the Court and Jury to hear; a young wo man Of the name of Charlotte Matthews, formed a part of the Defend ant's family ; she was thed only years of age; in the year 1807, she was sethiced by John MotdaUnt, the son of the Defendant ; he would not say the mo ther winked at the iniquity of her son, he would only state how she conducted herself; some time before the month of September, 1807; she went to the Plaintiff's house id Surrey, and told his wife that she wished to get'. board and lodging for a young woman who was in the family way, until after she was brought to bed ; that she would pay the Plaintiff half a guinea a week if the young wo =man cbuld be accommodated. The Plaintiff's- wife cOnsented; and, on the Ist of September, 1807, the Defendant brought the young woman to the Plaintiff's house, and called her by the name of Elizabeth Flint, and said she was a servant to her, the Defendant's, daughter. The Plaintiff's wife in . quired 'was she provided with baby-clothes ? the De ' feudant answered not, but for the Plaintiff's wife to provide them, and she would pay for them, and all other ezpences attending her lying-in; The young woman was not brought to bed -for two months 'after, and remained at the Plaintiff's house near twelve months, and the Defendant - had not paid her board from that time to this; this was not all—she persuaded the unfortunate object of her son'sseduc-' tion, to put the child into the Foundling-Hospital, by a fitSuitious name, gilder .the promise that she - would get her a place as a wet nurse; .but no per son-would take her into their family, in that capa city,- without she could strew a .certificare:of-her marriage. The Plaintiff' did not charge tor the baby clothes or the expeuces of the accouthement sued simply for thc half-a-gulßea a week for, board and lodging. „ This case was folly made.. out in evidence, and the Jury, under the direction of his Lordship, gaffe a verdk,i,for the Plaintiff-191, l g. INSOLVENT DEB l'OkS' ACT. Mr. BOLLANDapplie4 for a Rule to shewcans-e why the Kee!rer of theTleet Prison should not bring into Court the body of Jean Baptiste lleineau, for the purpose of his being discharged under the late ItisOl vent Aa. He was in the course of being discharged at the Quai ter S.ssioas for the city r.f London,when a doubt occurred to the Itecor, if a lock-up house, in which the Prisoner was iu custody on the day of the Ist of February, ‘,‘,fien ft :e Aeit took ef- - fqa, was such a custody as the .I, ,, gislatute had in contemplation ? Lord ELLEN'BottouGn• said, the Ael surely meant. public custody. It could not be tiaid .that the Pri soner was in the custody of any keeper or gaoler.— Rule refosed. THE KING V. ROBERT JACKSON. The Defendant, who ins an Inspedor or Deputy Inspector of Army-Hospitals, on ltait-pay, residing at Stockton upon Tees, in the county of Durham, was brought tip to receive the judgment of the Court, upon an indietment preferred against him for an. assault on Thomas Keate, Esq. Surgeon- General of the Army, and a Member of the Army Medical Board, in which the Defendant slat - feted judgment to go by default. It appeared from the affidavits of. Mr. Keate, and of a person who was accidentally - passing at the time th e assau l t was committed, thatitle Defendant mgt Mr. Keate on the 28th of February last, on his return home from the discharge of his duty at the Army Medical Board Office, Berkeley-Street, Piccadilly, where the Defendant appeared to have been waiting for him; And after a short Conversation between them, in which Mr. Keate gave no provocation, whatever, the Defendant violently assaulted him, by striking him several blows on Ilk head.„ arms, and shoulders, with a -large walking stick ; after which the De fendant,' when he was going away, said, " if you Want any satisfa&ion, you know where to find me," 'by which it was understood that the De fendant intended to provoke . Mi. 'Keate to fight a duel. . • The Defendant put in a long affidavit in mitiga tion of punishMent, in which, among other things, he stated, that Mr. Keate had, in his °Nervations on the Fifth Report- of the Commissioners of Mill- tary Inquiry, and in a Letter to the Members of a Sp cial Medical Board appointed to investigate,the Defendant's:condo& when employed in the Medical . Department at the Hospital depot in the Isle of Wight, in 1801, aspersed:the Dfendant's condua, and that under the irritation Of mind, oCeasioned by those publications, he committed the assault; but fdr Which,he expresst.;(4.hts contrition. • The ATTORNUY-UENERAL; .Mr; GARROW, :and Mr. WARREN, were then heard on }he part bf tLe •proSecutiory; , in the course of which Lord ELL'EN BOROUGH (in answer to a question by the Attorney- General, whether the. Court recoiled Mr. - Keate to nuke 'an allidalrit in answer to the Defendant's ?) observed, that althcaugh the Defendant had sworn - that . Mr. Keate had in his publications „ aspersed the chatager, of tide Defendant,- yet he had _not pointed out a single passage to SiIOVV the I'M, and therefore the, Court thought 'it unnecessary to call on Mr, Keate tet answer the Defendant's ‘affidavit. Mr. Justice LE BLANC then pronounced the judgment of the Court, in the•cOurse of Nvhich he observed; that it-appeared from the .affidavit& that the Defendant bad been in a situation in his , Ma- jesty's service, in the medical department,- and in that situation was . subjed to the Liuperintendance ,controul of the Arrny•Medical Board, of which Mr. Keate was a member ; that 'afterwards, when the I Defendant was on half pay; he wrote some books 'on the Medical- Treatment of Armies, and in con sequence of Wcinie Observations written by Mr. Keate in answer, the Defendant took an opportu nity when he met Mr. Keate, in the public street, infth e .middle of the day, and without any insult or irritation which hid passed at the time, of giving Mr. Keate a blow vvith'sa stick or cane; accompanied with words which Manifestly shewed the Deren ntention not only to inflict on Mr. Keate a dam'spublic insult or injury, - bat to provoke him to challenge;:the Defendant for. that insult, for 'the Court could not brit consider that that was the De fendant's object; from the wards which he used at the time be committed the assault. The Lea Al rt Judge said, th e Court lamented to see a'person who from the situation -which he filled, must have had to a certain degree a libral education, who, from his ' owe acefitint of himself, had served in an ho nourable profession, without that command over his temper, which his education, and a converse with liberal men, ought to have taught him to ac quire, and that he should be obliged to be brought before the corre&ion of the law to do that which his .own sentiments of honour shauld have taught him, without the severe lesson which ,the law must .now impose, and t inder - these" circumstances the 'Court would not delay . passing that sentence which was necessary, by waiting for Mr: Keate's answer to the Defendant's affidavit: The Learned Judge further observed, that the COuri. Was always willing to hear from a person standing in the Defendant's . situation, every circumstance that might in his own mind tend, towards a Mitigation. of the offence, and they . were not willing-to scan .very nicely the rele vancy or irrekvancy of what migh(be stated in the affidavit ; certainly, however, it must be observed, that almost the whole-of the Defendani's affidavit tended little or nothing to excuse the crime,:because, taking every thing for granted which is there stated, it amounts to this—ln consequence of Mr. Keate's answer to the Defendant's publications, the Defen-' dant, at a considerable distance Of time, meeting Mr. Keate in the street, took an opportunity of publicly insulting hifn,, by giving .hirer ,a bfow in broad-day, ancrthen making use of words which -were tantaMount to a challenge. 'For the purpose •of restraining spirits' such as t h e Defendant's,' for , the purpose of correcting that which. education and a converse with honourable men had not done, the Court must -impose such a sentence, as would not only keep, him within bounds in future, bat de ter others - from placing themselves in. a similar si tuation; The sentence of the. Court therefore was-, that the Defendant should be itnprisoued in the custody of the Marshal o: - the Marshalna of the Court HA I King's &nct , , for the • spve Or six,eatenalr ttionith and that at tire expiration of that term heshot4tAfi:4d sureties for his good benaviour for three ye,is, to ht computed from the expiration of his it»plisonment, in- 5001. and i'wo sureties in 2501. ea: h, and that he should be further imprisoned till tbat secu rity was given. . POLICE: BOW-STREET.'----Soon after ten o'clock on &fur< day night, Mr. Brandoti. - came to the ,Office, and stated before GRA,,gAM, that the distuurbancu in the Theatre,,duriog thn evening, had been as great in the two shilling gallery, as it was in the pit ; the audience "there had danckd :he O. P. &ince, as we:l as in the pit, but the noise had print:4)4lly h_.: , 41 bk . four young - men,: whom he had caused to betaken out of the gallery by Perry and d party of the patrote; ,however, on the patrole bringing Them to the ditco; there only proved to be three. .• ' They said th,,fir ;lashes were Thomas Cowar, Jos. Hobson, and . Henry Smith. • Mr. James Brandon; .upon his oil h, said he . sires the three prisoners from the private boxes, on the second and third rows of the 21. gallery,witti another young man, who k not taken, Making a great nOise and disturbance, and. the insignia of 0. P. in' hats of the prisoners Thomas Comar and 1 - 1. Shift and N. P. B. (meaning no private boxes) in the hat of Joseph Hobson. There was a great noise -and tumult in the house during the first ac:t of the after-piece. That one of the prisoners, tittt which he could not point out, attempted to make a speech ; and that all three of them made a great noise and vociferation, to the great annoyance ana disturbadce of the audience. Mr. Saville Herbert, of DotSmors'-Commons, said, that he particularly observed the violent conduct of the'thiee prisoners in the two-shilling gallery, at the time he was in a box, which induced him to go to the two-shilling - gallery; when they were taken out by Perry, the patrole, and. Mr. Brandon ; he took the insignia of-0. P. and N. P. B. froth the hat of Hobson ; and that their conduit altogether was so alive and violent, that the audience were much an noyed and disturbed, and the public peace broke and endangered. . . Theprisoners all declared that th e it - Aignia of 0. P. and N. P. 8.. were not their own, but were given them by a man•in the gallery, who distribut ed them;-one of the prisoners said, he kept ins O.P. in his•hand a long time, till he was burlesqued by thOse'near him; for not puttingit into his hat, - which induced hiai to do it. They were all apprentices, one to a musician, one to a Manchester Warehonse man, and the other to a glazier. Hobson and Smith. found 'bail, Llnd Cdmar. was committed for want of it.. jo Davis; a icitirtieyMan ear penter; waS . on Sat-:relay brought before Sir ,Jong Ikt4aoaN, charged with stealing three deals on the gth instant, the property of the Corptiration of London. .loppeared in evidence, that he prisoner was in the emploY of Mr: Kitchen, of Bridge.-ya r d, from whose premises the deals were 'taken. The condu& of the prisoner had previonsly.:been s .eta as to excite suspicion, and 'some of his shopmmes obserVing - him "place some deals in a situation very. near the door, 'determined to watch him. B e 4or e tliey quitted . the yard, they contrived, unobserved by the Prisoner, to mark one of the deals ;- and w they left. work; two of thein quitted the yard before him and concealed themselves near the prern , ses.---' Soon:after they "saw the'PrisOner coming with a dal on his shoulder, which he' placed against a house very near them, and returned for a second, and af:.; terwards for a third, when old of the men -came forward and asked bun if he intended.to take A the deals oat of the yard . ? To this he ahwt-ted he bad taken only one. On examining the deals, one of , theirs proved to bb that which had been marked by one of the witriessfs previouS. to Ins quitting the yard. The Prisoner, in "his defnce, 'said he had been drinking, and dri notknow what he was about. He was fully committed tor trial; THAMES - OFFlcE.—^SatUrd3y, a case about floating , timber came oil to be heard, ,before JitiN HEitatu'r, EST. The duty not being paid, and a doubt hang ing on, the case besides, Counsel , were, employed; but the Aet of Parliament, being posltive against any surreptitious mode to _defraud, the revenue; the vane of the timber being I(ii. separated . trom-the bulk;' t party was comiaed iu treble the sum, making 4tii;., William Gray and Henry COrnelius, ere co:7:- Mitted for trial, for going ,froni_their over ship' Stone Stairs, to another ship bound tO . Corl.; go,tid•- ed Only by two bciy§, - and broaching two ea...4s of rum, and taking the'same on board their own sbip, amounting to'sekral gallons. A paper-maker in Saxony has discovered a method of sizing paper while it Is stili in the ‘ra(, and i n every. season of the year, . without using either the Shreds of skins or any other animal sulistance. SMITHFIELD MARKET, Nov. This day's Market had a considerable supply of prime Beasts, .aud the show of Cattle in oilier rt.:- speck was very good ; Mutton is dearer than our last report ; Beef,. Poik, , and Veal, ~suppoiA. fat piices ; and the trade‘in general Leas pretty•hrisk.— The gales. in the Haymarket were.somew hat, lately ; Hay 'has,. 'dropped :in price 'inch Friday's Market ; Straw and Clover fetcheighktutter price.l--We an itek a co'riqa Statement . of I.42ties.and riutobers • To sink the-Orlal per stone Of • Beef 4s. od. to Ss. od. Mutton 4 5 . o d. t o Ss . • od. Veal 6s. ad. to - 7s. od. Pork Ss. od. to 6s. 6d. lleasts 3,170. Sheep 16,75u.-Calves iSo.—Pigs 400. , SMITHFIELD HAYMARKET. flay 31. os. od. to 61. es. od. Straw al. os. od. to 31. :s. od. Clover 51. os. od. to 71.- 7s. od. 'CORN-EXCHANGE, Nov. 20.--There are con Ni. derable supplies of Wheat .to-day ; early in the fore noon sales were at a small advance, but afterwazds nearly at Friday!s.prices ; Barley and Malt'are... 6:36' lower; White Peas and Beans et the two fiinds little fluctuation; there are large retnaining of Oats, and the few fine Satnrles arequotd clear :r; Flour on the terms of cur lak currency: 47S a ‘Vheat - Bzs a 96s a io6s Tick Beans - -, Fine ditto - . [Los a 114$- Oats - -25 s a 3Gs a 3.1 s R 3 c _ „, _ _ s c is a 555 volapd (Rub -37 s a - 4Qs 13arley - .. - Os a'Sys POtatbe ditto - 4 zs - a --s Malt - - . 74s a -has Rape Seed - .., 4Si a 541 White Pease -78 s a 86s Fine Flour - c o osa k• Guy ditto- - - 545 a 59s Saticiads - - . - 855 a .;;;,:.; BCditi • P • ' 5S$ A big , I b